Articles

The Impact of the Fatwa on the Soul
Author : Researcher Abdulrahman Abu Yabes
Date Added : 03-11-2026

The Impact of the Fatwa on the Soul

A fatwa is not a passing remark that a mufti lets fall without any effect on the heart, soul, and state of the one who asks (for the fatwa). As an exposition of the Sharīʿah ruling, it casts its shadow over the questioner’s soul, heart, and even spirit. For this reason, scholars from early times have stressed the gravity of issuing fatwas. They insisted that the mufti must know the Book of Allah, the Sunnah of His Messenger (peace and blessings be upon him), and the Arabic language. They also required him to understand people’s circumstances, customs, ways of thinking, and inner lives, so that his fatwa fits the reality in which they live.

Imam al-Nawawī (may Allah have mercy on him) said: “Issuing fatwas is a matter of great gravity and high standing, and of abundant merit. The mufti is an heir of the Prophets (peace and blessings be upon them) and fulfills a communal obligation (farḍ kifāyah), yet he is liable to error. This is why it was said: the mufti signs on behalf of Allah the Exalted.” [1]

The fatwa is a two-way encounter between mufti and questioner. Through it, the mufti can reach the depths of the questioner’s soul, discern the ailments it suffers, and recognize what correction or refinement it needs and what ruling suits it.

Nor should we overlook the fatwa’s role in bringing reassurance and calm to those who ask. When it comes from qualified and recognized scholars, it resolves many psychological difficulties that trouble people, such as depression, guilt, obsessive-compulsive disorder, and scruples about ritual purity (waswasat al-ṭahārah).

The Sunnah contains many ḥadīths that speak of the effect a fatwa has on the soul. One example is the report of Wābiṣah ibn Maʿbad al-Asadī, who said: “I came to the Messenger of Allah (peace and blessings be upon him), and he said: ‘Have you come to ask about righteousness and sin?’ I said: ‘Yes.’ He said: ‘Consult your heart. Righteousness is that with which the soul is at ease and the heart is at peace. Sin is that which stirs in the soul and wavers in the chest, even if people give you their opinions, and give them again.’” [2]

The states that come over the heart as a Muslim receives a fatwa give him signs about the course he is about to take.

The words “sin is what stirs in your soul and you dislike people finding out about it” mean that sin is whatever leaves a feeling of unease in the heart. This is a principle one may hold to in telling sin from righteousness: sin is what rankles in the breast and what its owner would not want others to learn of. [3]

A Muslim receiving a fatwa makes himself a scale by which to weigh what it produces in him. If it brings calm and reassurance, he proceeds. If it brings confusion and unrest, he holds back.

Al-Qāḍī ʿIyāḍ (may Allah have mercy on him) said: “The meaning is that when a matter is unclear to the traveler on the path, and he cannot tell which of the two categories it belongs to, he should reflect on it if he is qualified for independent reasoning (ijtihād), or ask those who are qualified if he is a follower (muqallid). If he finds what calms his soul, settles his heart, and opens his chest, let him take it and choose it for himself. Otherwise, let him leave it and take what carries no doubt or misgiving.” [4]

Consider how the Prophet (peace and blessings be upon him) guided a questioner who was perplexed by certain matters of his religion: he directed him to look at what the ruling brings about in the heart in the way of openness, and in the soul in the way of tranquility. Consider, too, the close tie this draws between the fatwa and the human soul.

The rulings of Islam, with their ease, their glad tidings, and their lifting of hardship, lead the soul to receive them with openness and reassurance. This is all the more true when we add an explanation of the wisdom and objectives behind them. Then the soul grows more settled and more convinced that these rulings came only from One who is All-Wise and All-Aware, and only for the good of the human being and the preservation of his five necessities: religion, life, lineage, property, and intellect.

A full awareness of the questioner’s inner state makes the fatwa more disciplined, more precise, and closer to human needs. It lets him feel Allah’s mercy and the ease He has granted His servants, and that feeling leads a person to embrace this religion with love and conviction. Neglecting the questioner’s inner state, by contrast, can produce many problems and grave consequences. It can burden people with the very hardship the noble Sharīʿah came to lift, and drive many away from observing the rulings of Islam. Some, we seek refuge in Allah, may even break away from the religion and abandon its rulings under the weight of harsh fatwas that rest on no sound scholarly method.

The authentic ḥadīth narrated by al-Bukhārī and Muslim [5] tells of a man who killed ninety-nine people. When he asked whether he could repent, someone ruled that there was no repentance for him. This drove him to despair and hopelessness, and he killed one more to make a hundred. But when he asked a more knowledgeable person, and explained his state of mind, he received an answer that gave him hope of salvation and was told to leave his surroundings for a righteous environment. This changed the man’s conduct, filling him with hope and joy in Allah’s mercy. He set out for a righteous village to worship Allah with its people, but died on the way, and the angels of mercy took his soul.

From another angle, a disciplined institutional fatwa protects the believer’s soul from the distraction, bewilderment, and unrest caused by anomalous fatwas that unqualified people issue on screens and social media.

A modern Muslim moving between social media platforms is bound to meet both the worthy and the worthless among the fatwas circulating there. This may leave him confused, anxious, and unsettled, or even without trust in anyone, so long as he has no reliable authority from which to receive a sound fatwa.

A disciplined fatwa also helps to restrain and refine the self. The human soul by nature inclines toward comfort, ease, and desire, and dislikes obligation and commitment. At times, it resorts to subterfuge, or bends rulings in its own favor. Institutional fatwas, grounded in scholarship, restrain the soul from such practices and leave no room for manipulation or evasion.

For all these reasons, whoever undertakes to issue fatwas must understand the hidden workings of the soul and know its faults and ailments, so that his fatwa suits the one who asks.

It behooves us as a society to make the fatwa a measure by which we set our souls right, and a shield that protects them from illness, from confusion and unrest, and from laxity and unruliness.

Finally, the fatwa, as a fence that guards the soul from what harms it, is an important pillar of mental health in the modern age, and one that must not be overlooked.

And the last of our prayer is that all praise is due to Allah, Lord of the worlds.

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Footnotes

[1] Al-Nawawī, Abū Zakariyyā Muḥyī al-Dīn Yaḥyā ibn Sharaf. Ādāb al-Fatwā wa’l-Muftī wa’l-Mustaftī. Edited by Bassām ʿAbd al-Wahhāb al-Jābī. Damascus: Dār al-Fikr, 1st ed., p. 13.

[2] Narrated by Aḥmad, 29/533, and al-Dārimī, 3/1649.

[3] Ibn Daqīq al-ʿĪd, Taqī al-Dīn Abū al-Fatḥ Muḥammad ibn ʿAlī al-Qushayrī. Sharḥ al-Arbaʿīn al-Nawawiyyah fī al-Aḥādīth al-Ṣaḥīḥah al-Nabawiyyah. Muʾassasat al-Rayyān, 2003, 6th ed., p. 94.

[4] Al-Qārī, ʿAlī ibn Sulṭān Muḥammad, Abū al-Ḥasan Nūr al-Dīn al-Mullā al-Harawī. Mirqāt al-Mafātīḥ Sharḥ Mishkāt al-Maṣābīḥ. Beirut: Dār al-Fikr, 2002, 1st ed., vol. 5, p. 1900.

[5] Narrated by al-Bukhārī, 4/174, and Muslim, 4/2118.

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Summarized Fatawaa

What is the ruling of Islamic Law on performing the Witr prayer after the Adhan for Fajr prayer?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
The time for Witr prayer begins after the ‘Ishā' prayer and ends with the rising of true dawn (al-fajr aṣ-ṣādiq). If a Muslim performs it at any point within this window, it counts as performed on time.
It is also recommended to make up a missed Witr prayer at any time — whether before or after performing the Fajr prayer, or at any other time of day. On the authority of Abū Sa‘īd al-Khudrī (raḍiyallāhu ‘anh), the Messenger of Allah ﷺ said: "Whoever falls asleep and misses the Witr prayer, or forgets it, let him pray it when he remembers, or when he wakes up." (Related by at-Tirmidhī)
Shaykh al-Islām, Imam Ibn Ḥajar al-Haytamī (raḥimahullāh), says: "The time for Witr prayer is between the ‘Ishā' prayer and the rising of dawn, based on the authentic ḥadīth to this effect. If this time has passed, it is permissible for him to make it up (qaḍā') afterward." [Tuḥfat al-Muḥtāj]. And Allah, the Exalted, knows best.

What is the ruling of Islamic Law on compensating the patient in case of medical error on the part of the treating physician?

 
All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
The foundational principle is that every mistake issued by a physician that causes harm to another due to his negligence or lack of expertise obligates him to guarantee liability and compensate the harmed party. The Sharia maxim, in this regard, states: "The direct actor is liable."
 
Ibn Qudamah (may Allah have mercy on him) says: "As for if he was skilled but his hand committed an error—such as exceeding the proper limit of incision, cutting in an incorrect site, cutting with an instrument that inflicts excessive pain, or cutting at an unsuitable time—he is liable, because it is destruction (Itlaf) whose liability does not differ between intent and mistake, thus resembling the destruction of property; and because it is a prohibited act, so he guarantees liability for its secondary effects." [Al-Mughni].
 
However, if the physician performed what was necessary in the most complete manner and took all measures of care and caution, but complications occurred that could not be avoided according to specialists, then no liability rests upon him.
 
Shaykh al-Islam Imam al-Nawawi (may Allah have mercy on him) says: "The cupper and the circumciser bear no liability if they have not been negligent, and likewise the veterinarian if he bleeds an animal and it perishes." [Rawdat al-Talibin].
 
Al-Khattabi (may Allah have mercy on him) said: "I know of no disagreement that if the practitioner transgresses and the patient perishes, he is liable. Anyone who undertakes knowledge or practice he does not know is a transgressor; so if perishing arises from his action, he is liable for the blood-money (Diyah) while capital retaliation (Qisas) is dropped from him, because he did not act independently without the patient's permission. And the physician’s offense in the view of the generality of jurists is borne by his agnates ('Aqilah*)."* [Ma'alim al-Sunan].
 
If negligence or transgression is established against the physician, it is necessary to compensate the patient or seek forgiveness from him. And Allah Almighty knows best.

What is the ruling on ablution if vaginal discharge is expelled, and is it impure?

If these discharges exit from the external genitalia (apparent part of the vagina), they are not impure and do not invalidate ablution. If they exit from the internal part, they are impure and do invalidate ablution. If it is uncertain whether they are from the internal or external part, they are not impure and do not invalidate ablution.
 
The apparent part is what becomes visible when sitting, and what the husband's penis reaches during intercourse is considered part of the apparent. The internal part is what is beyond that. And Allah the Almighty knows best.

What is the ruling on performing the night prayer (*qiyām al-layl*) between the first and second adhān of Fajr? And which is better: delaying the prayer until shortly before the Fajr adhān, or performing it earlier than that?

 

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
The time for night prayer (qiyām al-layl) begins after the Maghrib prayer and lasts until the second adhān of Fajr. The best time for it is the last third of the night, and best of all are the fourth and fifth sixths of the night. If the night is divided into two halves, the latter half is better.
Whoever intends to pray at night is encouraged to delay the Witr until he has prayed the night prayer. If he knows that he will not wake up, it is better for him to pray and perform Witr before sleeping, so that he does not miss both the night prayer and the Witr.
It is stated in Mughnī al-Muḥtāj (Vpl.1/p.462): “I say: The voluntary prayer of the night, that is, the absolute voluntary prayer (al-nafl al-muṭlaq), is better than the absolute voluntary prayer of the day, because of the report in Muslim: ‘The best prayer after the obligatory prayer is the night prayer.’ In another narration of his: ‘In the night there is an hour that no Muslim man meets while asking Allah for any good of this world and the next except that He gives it to him, and that is every night.’ It is also because the night is a time of heedlessness. I restricted the voluntary prayer to the absolute kind following the commentator, although what the ḥadīth and the underlying meaning require is that the night rawātib be preferred over the day rawātib, since the jurists preferred the two rakʿahs of Fajr over everything except Witr. The middle of the night is better than its two ends if it is divided into thirds, because heedlessness is greatest then and worship is hardest. If he wishes to pray during some third, the best is the fourth and fifth sixths, based on the ḥadīth in the two Ṣaḥīḥs: ‘The most beloved prayer to Allah the Exalted is the prayer of Dāwūd: he would sleep half the night, stand for a third of it, and sleep for a sixth.’ Then the latter part is better than the first if he divides it into two halves, because of the saying of Allah the Exalted: ‘And in the hours before dawn they would ask forgiveness’ [al-Dhāriyāt: 18], and the report of the two Shaykhs: ‘Our Lord, Blessed and Exalted, descends,’ meaning His command descends, ‘to the lowest heaven when the last third of the night remains, and says: Who calls upon Me, that I may answer him? Who asks of Me, that I may give him? Who seeks My forgiveness, that I may forgive him?’”
It is also stated in ʿUmdat al-Sālik (p. 60): “It is better to perform it [the Witr] immediately after the sunnah of ʿIshāʾ, unless he has tahajjud, in which case it is better to delay it so that he performs Witr after it. If he performs Witr and then wishes to pray tahajjud, he prays two rakʿahs at a time and does not repeat the Witr, nor does he need to cancel it with a single rakʿah before the tahajjud. It is recommended that he not deliberately pray after it.”
Qiyām al-layl is a term applied to any prayer performed at night. Tahajjud, on the other hand, refers to the night prayer that follows sleep, whether it is prayed after Maghrib or after ʿIshāʾ, or the prayer performed after ʿIshāʾ without sleep. On this basis, the Witr is also called tahajjud, since it is only prayed after ʿIshāʾ.
It is stated in al-Majmūʿ (Vol.4/p.84): “The sound position, as stated in al-Umm and al-Mukhtaṣar, is that the Witr is called tahajjud.”
It is stated in Nihāyat al-Zayn (Vol.1/p.114): “Among the absolute voluntary prayers is qiyām al-layl. If it is performed after sleep, even during the time of Maghrib and after having prayed ʿIshāʾ early (taqdīman), it is called tahajjud.”
And it is stated in Ḥāshiyat al-Bujayrimī ʿalā al-Khaṭīb (Vol.1/p.418): “His statement: ‘(the night prayer)’: the genitive construction (iḍāfah) carries the sense of fī, meaning a prayer in the night. His statement: ‘(it would be more fitting)’: the reason it is more fitting is that the night prayer includes both tahajjud and other prayers.” And Allah Almighty knows best.